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28 June 2007
Issue: 7279 / Categories: Case law , Law digest
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Criminal Litigation

R v Kepple [2007] EWCA Crim 1339, [2007] All ER (D) 107 (Jun)

Where the defendant is being tried in his absence but counsel continues to act, he should conduct the case as though his client were still present in court but had decided not to give evidence on the basis of any instruction he had received.

He is free to use any material contained in his brief and may cross-examine prosecution witnesses and call defence witnesses. Counsel is entitled to ask questions of prosecution witnesses in as much detail as he wishes based on his instructions, but without indicating what the defendant’s evidence might have been and in the knowledge that he will not be able to call evidence to contradict the answers given.

He is entitled to conduct cross examination on this basis in the hope of either showing that his absent client’s instructions are accepted by the witnesses or casting doubt upon the coherence or accuracy of their accounts.

Issue: 7279 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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